Petty
theft is generally referred to as
shopliftingand is the
unlawful taking of someone else's property
with the intent to deprive the owner of the
property permanently. Petty theft is usually
charged as a misdemeanor if it is a first
offense, and the value of the property
stolen is valued between $50-$400. It can be
punishable by a fine of up to $400 or by
imprisonment in county jail for up to 6
months, or both. Petty theft can also be
charged as a felony on your second offense.
A second conviction of petty theft can carry
a maximum sentence of 16 months in state
prison.

It is
important to realize that while petty theft
is a misdemeanor, a second arrest for petty
theft may be filed and punished as a felony.
A second conviction for petty theft carries
a maximum of one year in either county jail
or state prison. Petty theft can also be
filed as grand theft when several petty
thefts are committed against the same victim
and the combined loss is over four-hundred
dollars. Thus, multiple arrests and
convictions for petty theft are make the
punishment more severe.

A
single arrest for petty theft with no
criminal history often leads to a better
resolution of the case. Many petty theft
cases involving minor losses are reduced to
trespass violations with no jail time.
Sometimes a civil compromise can be reached
where no criminal action is taken against
the offender, when the person injured by the
theft is compensated for their losses. If
charges are filed, a judge can dismiss the
case if the person injured by the theft
appears in court and acknowledges that
satisfaction for the loss has been received
including all costs.

Theft or
property crimes can be serious, depending
upon the value of the property stolen and or
the criminal record of the defendant. Theft
offenses are prosecuted vigorously. Even the
most minor offenses such as
shoplifting should be taken seriously as
they could result in inability to obtain
citizenship, deportation, loss of or
inability to obtain professional licenses,
termination from your job, immigration
consequences, jail, prison, etc.

If your
objectives remain the same – keep this
out of public view and keep me out of jail
– our experience with these cases and our
extensive knowledge of alternative
sentencing options will help meet those
objectives. A prosecutor and a judge are
going to want a stiffer sentence to make
sure the arrested person knows the
seriousness of the charges.

Alternative
sentencing options can include one or a
combination of the following:

Community
Service

Home
Detention

“Pay
Jail” (an alternative jail)

Probation

Weekend
Jail

Work
Release

Shoplifting, or petty theft, is a common
offense that can have very embarrassing
consequences. Imagine sitting in a courtroom
surrounded by other people. The people
around you may have only committed minor
traffic violations like running a stop sign
or speeding. It can be a very uncomfortable
experience when your case is called and the
theft charge is publicly announced. You can
avoid this public drama.

Parents of minors convicted of shoplifting
can be held civilly liable for money
damages, court costs and the value of the
merchandise taken. In our
experience most shoplifting
clients aren't really "criminals" but
normal people who made a mistake by not
thinking through their actions at a given
moment. Most of our clients are generally
the type of people that consider themselves
good, law abiding citizens, but who made a
mistake and did something out of character.

However, a
shoplifting charge is serious, and excellent
legal representation is a MUST. The
law can be complex, and sometimes simple
cases are filed as felonies. Don't assume a
shoplifting case is a minor matter or accept
advice from well-meaning but uninformed
friends or family; you need a qualified
defense lawyer on your side.

If you find yourself in this situation,
please call The Sheena Law Firm today to
discuss your case.